TERMS OF SERVICE
This website is operated by Andrew Marc Schwartz LLC DBA SAM LLC. Throughout the site, the terms “we”, “us”, “our” and “Andrew Marc Schwartz” refer to Andrew Marc Schwartz LLC DBA SAM LLC DBA SAM, and its website, sam-nyc.com. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Your Account; Age Requirements
By agreeing to these Terms of Service, you represent that you are at least 18 years of age and you have given us your consent to allow any of your minor dependents to use this site.
If you use the Site or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities and communications that occur under your account or password. ANDREW MARC SCHWARTZ LLC DBA SAM DOES NOT SELL PRODUCTS FOR PURCHASE BY CHILDREN. We do not direct our Site to, nor do we knowingly collect any personal information from, children under the age of eighteen. If you are under the age of 18, you may access and use this Site only with the involvement of a parent or guardian. Each time you use our Services, you are representing that you are 18 years of age or older. Andrew Marc Schwartz LLC DBA SAM and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
All content included on this site, such as text, graphics, logos, button icons, characters, artwork, images, audio clips, digital downloads, data compilations, software, and other content of the Site (collectively, the “Site Content”) and all HTML, CGA, and other code and scripts in any format on the Site or used to implement the Site (collectively, the “Code”) is either the property of Andrew Marc Schwartz LLC DBA SAM or used by Andrew Marc Schwartz LLC DBA SAM under license or the property of its content or software suppliers, and is protected by United States and international copyright laws and other intellectual property laws. The selection, arrangement, and compilation of all content, facts, data, and information on the Site is the exclusive property of Andrew Marc Schwartz LLC DBA SAM and protected by U.S. and international laws. The name Andrew Marc Schwartz LLC DBA SAM and SAM. and all marks or logos containing these names (collectively, the “Marks”) are the property of Andrew Marc Schwartz.
Using Andrew Marc Schwartz’s Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use Site Content or Code unless you obtain express written permission from us or are otherwise permitted by law. These Terms of Service do not grant you the right to use any branding or logos used in our Services. You may not remove, obscure, or alter any legal notices displayed in or along with our Services.
License And Access
Subject to your compliance with these Terms of Service, Andrew Marc Schwartz LLC DBA SAM grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to access and make personal and non-commercial use of the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
The Site is available only for your personal use, which is limited to viewing the Site, providing information to the Site, downloading product information or other materials made available for download for your personal use, the purchase of products, and accessing any other features or functions made available to you on the Site. You may not use the Site Content or Code from the Site for any purpose other than those described in these Terms of Service. You may not use the Marks in a manner that causes confusion as to the source of the Services.
No Service, Site Content or Code, nor any part thereof, may be reproduced, duplicated, copied, distributed, sold, resold, visited, uploaded, transmitted, displayed for redistribution to third parties, republished to third parties, or otherwise exploited, for any commercial purpose without express written and signed consent of Andrew Marc Schwartz. You agree that this license does not include any of the following: resale or commercial use of any Service, the Site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of any Service or its contents; any downloading or copying of account information for the benefit of another merchant; any downloading (other than page caching) or modifications of any portion of the Service; or any use of data mining, robots, or similar data gathering and extraction tools; any attempt to access the Services using a method other than the interface and instructions that we provide. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Andrew Marc Schwartz LLC DBA SAM without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You may not misuse the Services. You may use the Services only as permitted by law. All rights not expressly granted to you in these Terms of Service are reserved and retained by Andrew Marc Schwartz. The licenses granted by Andrew Marc Schwartz LLC DBA SAM automatically terminate if you do not comply with these Terms of Service.
Nothing in this Agreement confers to you or any third-party, by implication, estoppel or otherwise, any proprietary or industrial right belonging to Andrew Marc Schwartz. Your failure to comply with these Terms of Service will constitute breach of contract and will violate our copyright, trademark and other commercial, proprietary and industrial property rights.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
In addition to other prohibitions as set forth in this Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Limited License for Hyperlink to Site.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to sam-nyc.com so long as the link does not portray (in Andrew Marc Schwartz’s sole determination) Andrew Marc Schwartz, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Andrew Marc Schwartz LLC DBA SAM logo or other proprietary graphic or trademark as part of the link without express written and signed permission.
Business Uses of Services.
If you are using our Services on behalf of a business, company, employer, association, organization or other entity (“Organization”), the Organization accepts these terms by your continued use of our Services. Do not use the Site if you do not have the authority from your Organization or your Organization does not accept and agree to these Terms of Service. To the greatest extent permitted by law, your Organization agrees to hold harmless and indemnify Andrew Marc Schwartz LLC DBA SAM and its affiliates, successors, officers, agents, and employees from any claim, suit or action, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees, arising from or related to your use of the Services, or your use or purchase of Products, or any violation of these Terms, or a claim of breach of contract, a claim of infringement of any intellectual property right, a claim of unfair competition, or a claim of dilution.
In using this site, you agree not to submit, design, upload, generate or create any products with language, words, text, phrases, or slogans, including but not limited to text, data, photos, graphics, or any of these elements (the "Design Content") that are “Objectionable”. For purposes of these Terms of Services, Objectionable includes, but is not limited to, anything that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially or ethnically objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
Use Of Comments Submitted By You
We do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our current products or any new products. You may submit only Comments that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any Comments. By submitting Comments, you warrant that we may reproduce, use, disclose, distribute or publish such information, use it as part of our operations, and develop or incorporate any ideas, concepts, know-how or techniques contained in such Comments for any purpose whatsoever in our Services or products without limitation or liability or obligation to you or any third-party.
Promises About Printed Matter, Comments, And Design Content.
You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comment, Design Content, Printed Matter, or other submission. Andrew Marc Schwartz LLC DBA SAM reserves the right (but not the obligation) to remove or edit any such submission, but does not regularly review posted content.
By making this purchase, you affirm that you are not relying on the printed matter appearing on the merchandise as an indicator for the source, origin, sponsorship or endorsement of the products. You confirm that you are purchasing these products because of the decorative, artistic design element.
You acknowledge and agree that we may preserve Comments, Design Content and printed matter (collectively “Material”) and may publicly disclose the Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Material violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Andrew Marc Schwartz, its users or the public. You understand that the technical processing and operation of the site, including any Material, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree to waive any claims against Andrew Marc Schwartz LLC DBA SAM and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to Design Content, Comments, printed matter, or any other communications or Material made available to the Site or posted on the Site by persons other than Andrew Marc Schwartz LLC DBA SAM or its affiliates. By using our Services, you agree to indemnify Andrew Marc Schwartz LLC DBA SAM and its affiliates from all claims and expenses, including reasonable attorney's fees, whenever such claims are based on or arise from: 1) any Material you approve or provide; or 2) your violation of any of the provisions of this Agreement. If you do not agree with this promise to indemnify Andrew Marc Schwartz, you should stop using our Services and should not complete your order. You acknowledge and agree that you will use this Site and any products ordered on this site, including without limitation sports apparel, at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, ordinances, and common sense, and will not take any action that harms or violates the rights of any person or entity.
Content From And Links To Other Sites and Option Tools
Our Services display or link to some content that is not from Andrew Marc Schwartz. This content is the sole responsibility of the entity that makes it available. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in non- Andrew Marc Schwartz LLC DBA SAM sites to which you may be directed or hyperlinked from this Site. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not assume any obligation to review content.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Andrew Marc Schwartz LLC DBA SAM attempts to be as accurate as possible. However, Andrew Marc Schwartz LLC DBA SAM does not warrant that product descriptions or other content of this site or any Andrew Marc Schwartz LLC DBA SAM Service is accurate, complete, reliable, current, or error-free. If a product offered by Andrew Marc Schwartz LLC DBA SAM itself is not as described, your sole remedy is to return it in unused condition. In particular, although we have made every effort to display the dynamic products and their colors as accurately as possible, the displayed colors of the products will depend upon your monitor and computer settings and we cannot guarantee that your monitor and computer settings will accurately portray the actual colors of the products. We reserve the right to make corrections and changes to the Site, including product descriptions, at any time without notice.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
Despite our best efforts, a small number of the items on our Site may be mispriced. If we discover a mispricing, we will do one of the following:
If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
The prices displayed are quoted in U.S. dollars. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling, except as otherwise noted or third party license fees.
Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. Andrew Marc Schwartz LLC DBA SAM reserves the right to accept or deny shipment to anyone for any reason. Andrew Marc Schwartz LLC DBA SAM reserves the right to require additional information before processing any order. If an order appears fraudulent in any way, Andrew Marc Schwartz LLC DBA SAM reserves the right to cancel the order and notify the cardholder or the authorities.
Shipping And Delivery
Andrew Marc Schwartz LLC DBA SAM ships orders within the 50 United States via UPS. Orders shipped usually arrive within 3-7 business days. Accurate shipping address and phone number are required. Your signature may be required for delivery. Because many events may occur at your delivery address that are beyond our control, you agree that any delivery confirmation provided by the carrier is sufficient proof of delivery to the cardholder, even without a signature.
Return And Cancellation Policy
Our policy lasts 14 days. If more than 30 days have gone by since your purchase, we unfortunately can’t offer you a refund or exchange. Only regular priced items may be returned. We only replace items if they are defective or damaged as a result of a manufacturing defect.
To be eligible for a refund, your item must be unused and in the same condition that you received it. It must also be in the original packaging. Gift cards are not returnable or refundable. . SAM must authorize all returns prior to you sending back the goods. WE WILL NOT ACCEPT ANY RETURNS WITHOUT AN AUTHORIZRED RA NUMBER. All returned items must be unworn, unwashed merchandise with the tags attached. Items that do not meet these criteria will be denied.
SAM-nyc.com does not accept returns on any items purchased from any retailers other than sam-nyc.com. We are happy to answer any questions related to SAM products but are unable to process any returns, exchanges, credits, refunds or repairs for any product purchased outside of sam-nyc.com. We reserve the right to reject any returns that do not comply with the conditions above. If your package is not accepted, it will be sent back to you and a refund will not be granted.
If you believe that a refund is applicable, Please follow the instructions below in order to complete your return:
- Request authorization by signing in to your account at sam-nyc.com and clicking the 'Return' link next to the order you wish to return. Complete and submit the online form.
- Immediately, you will receive an RA number with pending status. Your request for return will be sent to SAM whereby it will be added in the queue for approval.
- Once your return request is reviewed and approved by SAM, your return status will change from pending to authorized, and you will receive an email notification of this status change within 2 business days. This email will prompt you to log in, where you will be able to download your pre-paid UPS return label. Please print this label and secure it to the outside of your return package.
If the product is to be returned, you should mail your product to:
Dynamic Distribution services
Attn.: SAM WEBSITE RETURNS
200 central Ave.
South Kearny, NJ 07032
Initial Shipping costs are non-refundable. If you receive a refund, the fee for return shipping, $10, will be deducted from your refund in addition to any initial shipping charges. If we receive it past our 14 day returns policy as stated in the returns section of our website, you will incur an additional $25 restocking fee. If you are shipping an item over $75, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within three billing cycles.
If you have NOT received a refund in the prescribed amount of days, please contact your credit card company or your bank. It may take some time before your refund is officially posted.
If you’ve followed the above procedure and you still have not received your refund, please contact us at firstname.lastname@example.org.
We do not process exchanges. If you wish to exchange your item, please return the unwanted merchandise, and place an entirely new order for the desired item.
Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Disclaimer Of Warranties
THIS SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY ANDREW MARC SCHWARTZ LLC DBA SAM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ANDREW MARC SCHWARTZ LLC DBA SAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, ANDREW MARC SCHWARTZ LLC DBA SAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ALL PRODUCTS AND SERVICES. ANDREW MARC SCHWARTZ LLC DBA SAM DOES NOT WARRANT THAT THIS SITE, ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO CASE SHALL ANDREW MARC SCHWARTZ, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ANDREW MARC SCHWARTZ LLC DBA SAM FOR ANY CLAIM UNDER THESE TERMS OF SERVICE OR FOR ANY WAIVEABLE WARRANTY IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES OR PRODUCTS.
Andrew Marc Schwartz LLC DBA SAM operates the Site from the United States under the laws of the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions such as the Export Administration Act and the Arms Export Control Act. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them. You also agree not to transfer any Site Content or Code to a foreign national or a foreign destination in violation of such laws.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You agree to indemnify, defend and hold harmless Andrew Marc Schwartz’s agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Digital Millennium Copyright Act Claims
Andrew Marc Schwartz LLC DBA SAM respects the intellectual property of others and responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied unlawfully, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Notice And Procedure For Making Claims Of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Andrew Marc Schwartz LLC DBA SAM the written information specified below. Please note that this procedure is exclusively for notifying Andrew Marc Schwartz LLC DBA SAM that your copyrighted material has been infringed:
An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on our Site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate, that the owner has a legitimate and exclusive right to the work, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Andrew Marc Schwartz’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attention: Copyright Agent
_71 gansevoort street, suite 2a__
_New York, NY 10014_______
Applicable Law, Venue, And Jurisdiction
If you, or the Organization you represent (together “You”) are a U.S. customer visiting our Site, You agree that the applicable U.S. federal laws and the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute, action, claim or cause of action arising between You and Andrew Marc Schwartz LLC DBA SAM relating to this Agreement, the Site, the Services, Comments, Code, Printed Matter, Design Content, or Site Content. For such claims, You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York, U.S.A., and you promise not to commence any litigation relating to such claims except in the courts in New York City, New York, and you agree not to plead or claim in any court of the State of New York that such litigation brought there is in an inconvenient forum.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at email@example.com.
Types of Personal Information Collected
Information You Give Us
We receive and store any information you enter on our Site or give us in any other way. You provide information to Andrew Marc Schwartz LLC DBA SAM when you register, sign in, manage your accounts, search for a page or product, place a product order, return an item, send us an e-mail, comments or other material, participate in a survey, contest, questionnaire, or communicate with customer service. As a result of those actions, you might supply us with such information as your name, address, and telephone number; gender; size; credit card information; e-mail address; or contact information of people to whom purchases have been shipped (for example, a gift recipient). If you choose not to provide the information we request, you may be unable to purchase products or access certain services, offers and content on our Site. Our registration form requires users to provide contact information (such as name, birthday, email address and password). YOU MUST BE 18 YEARS OF AGE OR OLDER TO REGISTER. When you share information publicly, whether with Andrew Marc Schwartz LLC DBA SAM or others, it may be indexable by search engines.
Information Automatically Collected
When you use a location-enabled device to interact with our services, we may collect and process information about your location and your mobile device, like GPS signals sent by a mobile device or a unique identifier for your device. We may also use various technologies to determine location, such as sensor data from your device that may, for example, provide information on nearby Wi-Fi access points and cell towers. Most mobile devices allow you to disable location services; these controls are typically located in the device’s settings menu. If you have questions about how to disable your device’s location services, we recommend you contact your mobile service carrier or your device manufacturer
When you place an order with us you will need to supply certain Personal Information including (but not limited to) your name, email address, phone number, home address, shipping address and credit card billing address and credit card information so that we can process and fulfill your order.
Additionally we may also obtain information as a result of authentication or identity checks.
We may use information from cookies for the following purposes:
Traffic monitoring, for example, the IP address from which you access the site, the type of browser and operating system used to access the site, the date and time of your access to the site, the pages you visit, and the Internet address of the website from which you accessed our site.
To recognize repeat visitors for statistical/analytical purposes.
We may connect the information that we collect through cookies with other personal information that you provide to us. Such purposes are:
To customize or personalize your experience of the Site: for example, so that we can greet you on the site by name; or
To monitor your use of the site in order to make our communications with you as relevant as possible; for example, by sending you email communications relevant to the parts of the Site that you visit most often, or by letting you know about features of the Site that you have not previously accessed.
We may connect the information that we collect through cookies with other personal information that you provide to us. Such purposes are:
To customize or personalize your experience of the Site; for example, so that we can greet you on the site by name;
For transactional purposes, such as credit card sales; or
To monitor your use of the site in order to make our communications with you as relevant as possible; for example, by sending you email communications relevant to the parts of the Site that you visit most often or by letting you know about features of the Site that you have not accessed previously.
Use of Your Information
Sharing of Information
You agree that we may use your information, such as your e-mail address, to contact you.
By visiting our Site, you agree that we may use personally identifiable information about you to enhance our marketing and promotional efforts, to trace and analyze Site usage, to improve our Site content, appearance, utility, and product offerings, to offer you tailored content, to respond to your requests, or to customize our Site content, layout, and services. Andrew Marc Schwartz LLC DBA SAM may use your personal information for the processing of orders, payments and to provide you with a personalized shopping experience and deliver information to you that, in some cases, is targeted to your interests, such as administrative notices, product offerings, participation in market research, and special discounts or promotions. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. Where there is a legal obligation to do so, we may disclose your information to any relevant regulatory body.
When you register with Andrew Marc Schwartz LLC DBA SAM, you will be offered the opportunity to opt out of our email update services. If you choose to opt out of this service, we will not send you alerts for new products, features or enhancements; special offers; upgrade opportunities; contests or events of interest. However, if you choose to receive our emails from time to time we may use the information you provide to promote the products and services of Andrew Marc Schwartz LLC DBA SAM LLC . We do collate statistical information about site traffic, sales and other commercial information which we may pass on to trusted third parties but these statistics do not include any information that can identify you personally. We see this as a value-added service helping you to find useful products or services. We strive to limit use of your information to those offers that we think you would appreciate receiving. Finally, we may use your personal information for our internal marketing and demographic studies, together with non-personal data to monitor customer patterns so we can consistently improve the Site to enhance the visitor experience. If we change our policy on disclosure to others, we will inform you and give you the choice of opting out.
In addition to disclosures identified for the purposes above, from time to time we may disclose Personal Information to:
Our service providers and sub-contractors, including our affiliates, retained to perform functions on our behalf or to provide services to us, such as warehousing and delivery; marketing and advertising; data processing; software development; website hosting and management; information technology and office services; legal, accounting, audit and other professional service providers; and further provided such service provider does not collect, use or disclose the Personal Information for any purpose other than to perform such functions or to provide services to us or as otherwise required by law;
Unaffiliated service providers with whom Andrew Marc Schwartz LLC DBA SAM may subcontract, including website hosting companies, fulfillment companies and other third party service providers;
The prospective seller or buyer of Andrew Marc Schwartz LLC DBA SAM’s business or assets, including where Andrew Marc Schwartz LLC DBA SAM or substantially all of Andrew Marc Schwartz LLC DBA SAM’s assets is acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
Personal Information Security
We work to protect the security of your information during order transmission by using Secure Sockets Layer (SSL) software, which encrypts order information you transmit. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Third-Party Advertisers and Links to Other Websites
We work to protect the security of your information during order transmission by using Secure Sockets Layer (SSL), the industry standard encryption software, which ensures the security of your order online. We reveal only the last four digits of your credit card numbers when confirming an order and only transmit the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.
Opt-In and Opt-Out Provisions
At all times and with each email that you receive from us, we will offer you the opportunity to opt out of any service to which you have subscribed.
In particular, you can opt out from having your personally identifiable information shared with our service providers or sub-contractors or Andrew Marc Schwartz LLC DBA SAM’s subsidiaries (except as required by law, court order, or as requested by other government or law enforcement authority or as may be required to deliver your purchases). It is not our current policy to share our customers' personal details with third parties other than as stated herein.
Should you choose to have your name and personal data removed from our database altogether, you can do so by sending an email to firstname.lastname@example.org or by writing to us at:
Andrew Marc Schwartz LLC DBA SAM LLC
71 Gansevoort Street
New York, N.Y. 10014
Information That Can Be Accessed
The Site gives you access to a broad range of information about your account and your interactions with sam-nyc.com for the limited purpose of viewing and, in certain cases, updating that information.
If for any reason you are concerned that the personal information held by Us is not correct, please visit the Site and, after logging into your account, review and amend your personal information in the "My Account" section. Only you or, upon your request, the Customer Service department, may access your personal data from the Site using your password and User ID.
Information Sharing Options
Legal Purchase Age
Notice to California Residents: If you are a California resident, you may have certain additional rights. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of Andrew Marc Schwartz LLC DBA SAM to third parties for the third parties’ direct marketing purposes.